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City of Kettering v. Greene

222 N.E.2d 638, 9 Ohio St. 2d 26, 38 Ohio Op. 2d 15, 1966 Ohio LEXIS 287
CourtOhio Supreme Court
DecidedDecember 28, 1966
DocketNo. 39994
StatusPublished
Cited by8 cases

This text of 222 N.E.2d 638 (City of Kettering v. Greene) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Kettering v. Greene, 222 N.E.2d 638, 9 Ohio St. 2d 26, 38 Ohio Op. 2d 15, 1966 Ohio LEXIS 287 (Ohio 1966).

Opinion

Per Curiam.

Defendant contends that he had no intent to commit the offense, that he did not voluntarily do the act charged, and that failure of the foot brakes was the cause of his failure to stop.

Defendant did not drive the same bus everyday but took whichever bus was assigned to him. The bus he was driving on the day in question appeared to have good brakes which worked properly until he applied them in an attempt to stop where the violation occurred,

[27]*27Tlie statutory requirement as to stopping in obedience to a stop sign is specific and mandatory. Brake failure is not a legal excuse for failure to comply.

The judgment of tbe Court of Appeals is reversed on authority of State v. Kotapish, 171 Ohio St. 349. See, also, Spalding v. Waxler, 2 Ohio St. 2d 1; Kehrer v. McKittrick, 176 Ohio St. 192; and Stump v. Phillians, 2 Ohio St. 2d 209.

Judgment reversed.

Taft, C. J., Zimmermak, Matthias, O’Neill, Herbert and SchNeider, JJ., concur. BrowN, J., concurs in judgment only.

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Cite This Page — Counsel Stack

Bluebook (online)
222 N.E.2d 638, 9 Ohio St. 2d 26, 38 Ohio Op. 2d 15, 1966 Ohio LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-kettering-v-greene-ohio-1966.